Agenda 09/24/2013 Item #16K59/24/2013 16.K.5.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting as the Collier County
Airport Authority, approve and authorize the Chair to sign a Mediated Settlement
Agreement with Quality Enterprises USA, Inc., and directs staff to issue a permit, as
promptly as possible, which allows Quality Enterprises to remove the fill material from the
Immokalee Airport property on the terms and conditions set forth in the Mediated
Settlement Agreement.
OBJECTIVE: To settle pending litigation against the Collier County Airport Authority on
favorable terms to the Authority.
CONSIDERATIONS: This case involves an agreement between the Collier County Airport
Authority ( "Airport Authority ") and Quality Enterprises USA, Inc. ( "Quality Enterprises ").
Briefly stated, on June 14, 2007 Quality Enterprises was awarded a contract for the construction
of a detention pond. During the course of that project, as noted by the Clerk in his March 2013
Internal Report to the Board, the Airport Authority essentially bartered $240,000 worth of
additional services for the construction of an Airport Parking Apron in exchange for the fill dirt
that Quality Enterprises had removed to create the lake.
Following completion of the Project in or about June of 2008, Quality Enterprises removed some
/� of the fill. The economic downturn then hit us all, and the remaining dirt was left. A few years
past, economic activity began to pick up, and Quality Enterprises sought to remove the
remaining fill. By this time, a new Executive Airport Director was in place, and it was
determined that removal of the fill would require the issuance of an appropriate permit. The
parties remained at impasse, and in December of 2012 Quality Enterprises filed suit for breach of
Contract against the Authority seeking unspecified damages.
On March 26, 2013, the Clerk presented the Board with an Audit Report of this transaction. The
Audit Report noted a number of concerns.
On August 12, 2013, a Court- ordered mediation was held. The mediation resulted in the
proposed Mediation Settlement Agreement. The highlights of the Agreement are as follows:
1. Quality Enterprises will accept, as full compensation for its work pursuant to
Change Order No. 2, the remaining fill dirt located within the area that is circled on the attached
exhibit, up to a maximum of 100,000 cubic yards. Quality Enterprises shall have up to 3 years
from the date the Permit, as described below, is issued to remove the fill. During this time
Quality Enterprises will bear the risk of theft of the fill.
2. Upon approval of the Settlement Agreement, Collier County staff will issue a
permit, as promptly as possible, which allows Quality Enterprises to remove the fill material
from the Immokalee Airport property and which shall be valid for a minimum period of 3 years
from the date of issuance. Such permit may contain whatever conditions the County deems
n commercially appropriate. Any and all fees to apply for and obtain the Permit shall be waived,
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and Quality Enterprises shall bear no costs associated with the application, issuance and
implementation of the Permit. n
3. The Agreement provides that following the issuance of an acceptable permit, the
parties will release each other against any and all claims they might have relating to the Lake
Project. The release does not extend to any issue that could later be raised by the USDA with
respect to the Grant.
Both the Executive Airport Director and staff have advised me that they have no use for
the dirt, and given the industrial location of the Airport, truck removal of the fill is not an issue.
One of the issues raised by the Clerk's Audit Report was that this transaction did not
comply with grant assurances and conditions, as the United States Department of Agriculture
Rural Development funded $450,000 of the Project through a Rural Business Enterprise Grant.
This Office has spoken with the USDA, whose only concern was that work was performed in
accordance with the contract. Since the only outstanding issue was the lack of a signed "As-
Built", the Settlement Agreement was conditioned on the County obtaining one, which was
delivered to this Office on September 17''. The signed "As- Built" will be forwarded to the
USDA.
FISCAL IWACT: Staff time in issuing the required permit.
GROWTH MANAGEMENT IMPACT: None.
n
RECOMMENDATION: That the Board of County Commissioners, acting as the Collier
County Airport Authority, approve and authorize the Chair to sign a Mediated Settlement
Agreement with Quality Enterprises USA, Inc., and directs staff to issue a permit, as promptly as
possible, which allows Quality Enterprises to remove the fill material from the Immokalee
Airport property on the terms and conditions set forth in the Mediated Settlement Agreement.
Prepared by: Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.S.
Item Summary: Recommendation that the Board of County Commissioners, acting as the
Collier County Airport Authority, approve and authorize the Chair to sign a Mediated
Settlement Agreement with Quality Enterprises USA, Inc., and directs staff to issue a permit, as
promptly as possible, which allows Quality Enterprises to remove the fill material from the
Immokalee Airport property on the terms and conditions set forth in the Mediated Settlement
Agreement.
Meeting Date: 9/24/2013
Prepared By
Name: NeetVirginia
Title: Legal Assistant/Paralegal,County Attorney
9/18/2013 12:10:30 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 9/18/2013 1:19:09 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/18/2013 2:42:02 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 9/18/2013 2:48:26 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 9/18/2013 3:18:02 PM
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9/24/2013 16. K. 5.
The Twentieth Judicial Circuit Court in and for Collier County Florida
QUALITY ENTERPRISES USA, INC.,
Plaintiff,
vs. CASE NO: 12- 4345 -CA
COLLIER COUNTY AIRPORT AUTHORITY,
Defendant.
MEDIATOR'S REPORT
Robin Doyle, the undersigned Mediator from Doyle Conflict Resolution, Inc., reports to this
Honorable Court on the Mediation held in this cause:
1. The Mediation was held on Monday, August 12, 2013.
2. All parties were present at the mediation as required by the Court.
3. A full settlement of all issues in the above - referenced matter was reached in principle and
a Settlement Agreement has been executed by the parties and their counsel, subject to ^
approval of the Collier County Commission.
Dated: September 17, 2013
Doyle Conflict Resolution, Inc.,
/s/ Robert E. Doyle, Jr.
Certified Circuit Civil Mediator
Florida Bar No. 198730 Mediator No. 12540CRA
9132 Strada Place, Suite 401
Naples, FL 34108
Phone: 239 - 213 -0033; Fax: 239 - 263 -6104
rdo le ,doyleresolution.com; kris@doyleresolution.com
Copies furnished to:
Edward K. Cheffy, Esq. ekchef (Zc napleslaw.com
Clay C. Brooker, Esq. ccbrookerLwnapleslaw.com
Colleen M. Greene, Esq. colleen re(a,collier o v.net
Jeffrey A. Klatzkow, Esq. jeffreyklatzkow(a,collier og v net
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
QUALITY ENTERPRISES USA, INC.,
Plaintiff,
V.
COLLIER COUNTY AIRPORT AUTHORITY,
Defendant
Case No.: 12- 4345 -CA
MEDIATED SETTLEMENT AGREEMENT
This case involves an agreement between the Collier County Airport Authority
( "Airport Authority") and Quality Enterprises USA, Inc. (°Quality Enterprises'} for work
generally described as "Phase I Lake at Immokalee Regional Airport, Collier County,
Florida," including Contract No. 07 -4129 and its change orders and, in particular, Change
Order No. 2 for "additional aircraft parking apron space" at the Immokalee Airport, which
was approved by the Collier County Airport Authority in Resolution No. 08 -08. The entire
project, including the contract and Its change orders, is hereafter referred to as `the Lake
Project"
WHEREAS, Quality Enterprises has performed the services contemplated by
Change Order No. 2 by completing the additional aircraft parking apron space at Immokalee
Airport, but Quality Enterprises alleges that has not been compensated for that work, which
allegation the County disputes;
WHEREAS, the parties attended a court ordered mediation with mediator Robin
Doyle on Monday, August 12,2013;
WHEREAS, the parties value their continued relationship and wish to resolve this
dispute as set forth below.
Page 1 of 4
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9/24/2013 16.K.5.
NOW, THEREFORE, in consideration of the foregoing premises and the following
mutual promises, the parties agree as follows:
1. Quality Enterprises will accept, as full compensation for its work pursuant to
Change Order No. 2, the remaining fill dirt located within the area that is circled on the
attached exhibit, up to a maximum of 100,000 cubic yards. The Airport Authority will take
no action (and permit no action) that depletes or removes the amount of fill in the
designated area, but Quality Enterprises assumes the risk of theft of the fill material before
Quality Enterprises removes it, and to reduce that risk, Quality Enterprises will be permitted
to post signage in and around the designated area Quality Enterprises shall have up to 3
years from the date the Permit, as described below, is issued to remove the fill. During this
time Quality Enterprises will bear the risk of theft of the fill.
2. This Settlement Agreement must be approved by the Collier County Board of
County Commissioners ( "BCC ") in order for it to be effective. By approving the Settlement
Agreement, BCC is directing Collier County staff to issue a permit, as promptly as possible,
which allows Quality Enterprises to remove the fill material from the lmmokalee Airport
property and which shall be valid for a minimum period of 3 years from the date of issuance
(the "Permit"). Such permit may contain whatever conditions the County deems
commercially appropriate. Any and all fees to apply for and obtain the Permit shall be
waived, and Quality Enterprises shall bear no costs associated with the application,
issuance and implementation of the Permit.
3. Within 10 days of the date of issuance of the Permit, Quality Enterprises shall
have the right to declare this Settlement Agreement null and void if the Permit imposes any
conditions, obligations or other requirements that may be unacceptable to Quality
Enterprises, in its sole discretion ( "the Review Period "). If Quality Enterprises exercises its
Page 2 of 4
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9/24/2013 16.K.5.
right, within the Review Period, to declare this Settlement Agreement to be null and void,
then Quality Enterprises relinquishes all rights under the Permit, and the Lawsuit shall
4. If Quality Enterprises does not exercise its right, within the Review Period, to
declare this Settlement Agreement to be null and void, then Quality Enterprises and the
Airport Authority shall stipulate to a dismissal of the Lawsuit with prejudice. Said stipulation
must be filed with the Court within 15 days after the expiration of the Review Period.
Furthermore, Quality Enterprises and Collier County, including the Airport Authority,
mutually release each other from any and all claims relating to the Lake Project, except as
to any breaches of this Settlement Agreement, with the understanding that the release shall
become effective upon the expiration of the Review Period.
5. All terms and conditions of this Settlement Agreement are subject to approval
by the BCC, failing which this Settlement Agreement shall be null and void.
QUALITY ENTERPRISES USA, INC.
Louis J. Gaudio
Its: Vice President
Date: 9/16/13
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By:
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
Page 3 of 4
Packet Page -3004-
Approved as to form and legality;
Jeffrey A. Klatzkow
County Attorney
CHEFFY PAOSIDOMO,
�,P..A'.
�i
oa ssy s
lca ti Edward K. 6fieffy
Florida Bar No. 393649
821 Fifth Ave. South, Suite 201
Naples, Florida 34102
Counsel for Quality Enterprises USA, Inc.
9/24/2013 16.K.5.
OFFICE OF THE COUNTY ATTORNEY
Jeffrey A Klatzkow
Florida Bar No.644625
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Counsel for Collier County Airport Authority
Page 4 of 4
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9/24/2013 16. K. 5.
Internal Audit Department
Audit Report 2012 -3
Collier County Airport Authority
Immokalee Regional Airport —
Fill Dirt
March 2013
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9/24/2013 16.K.5.
The Draft Audit Report 2012 -3 was originally provided to the Department for management response on
December 4, 2012. Chris Curry, Airport Executive Director, provided all management responses
December 17, 2012 and December 21, 2012. The revised Draft Audit Report 2012 -3 was provided to the
Department on March 12, 2013. Chris Curry, Airport Executive Director, provided all management responses
(noted in purple) on March 14, 2013 and March 19, 2013.
BACKGROUND
The audit of Immokalee Regional Airport disposition of fill dirt was requested based on a report of concern received
on December 16, 2011, regarding potential theft, permit non - compliance, and violation of regulations. Additional
review for the Aircraft Apron Expansion construction was completed based on a citizen concern received on
January 15, 2013.
The Collier County Airport Authority (CCAA) was created by the Collier County Board of County Commissioners
(BCC) as a governing body through Ordinance 2004 -03.
CCAA received the following two grants: the Office of Tourism, Trade, and Economic Development Rural
Infrastructure Grant in FY 2005 ($454,143) and the USDA Rural Business Enterprise Grant in FY 2005 ($450,000)
for a total awarded grant funding for the project of $904,143. The grants required a County match to complete Phase
I of the Lake Project. Phase I of the Lake Projection included construction of the detention pond and permitting
requirements. Construction for the detention pond commenced in FY 2007.
On January 8, 2007, Collier County issued a Development Excavation Permit for the project, which stated no
excavated materials may be removed from the project site.
On June 14, 2007, a notice of award was issued to Quality Enterprises USA, Inc. for $588,683.75. Contract
07 -4129, finalized September 4, 2007, was a project specific contract for the construction of Phase I of the Lake
Project. On September 18, 2007, the Notice to Proceed with construction was issued for Phase I of the Lake Project.
On December 13, 2007, change order 1 was approved and signed by the Purchasing Department and CCAA (not
approved by the BCC), increasing the services included in the scope of work, with a project cost increase of
$100,000 bringing the total contract to $688,683.75. The change order does not appear to have been approved by
the USDA, grantor agency.
On December 13, 2007, change order 2, a "zero dollar change notification by letter" was approved and signed by
CCAA (not approved by the BCC), the engineer of record, and the contractor increasing the services included in the
scope of the project and increasing the project total cost by $240,000. Instead of making a monetary payment for the
additional services, an exchan ge of 120,000 cubic yards of fill dirt ($2 per cubic yard) would be provided to Quality
Enterprises USA, Inc. (CCAA Resolution 08 -08). The zero dollar change letter also extended the contract to
August 18, 2008 for additional construction including additional excavation. On December 18, 2008, a Site Plan
Reviewer completed a field inspection for the excavated project and reviewed the as -built plans. The change order
does not appear to have been approved by the USDA, grantor agency.
On January 7, 2008, the Development Excavation Permit expired. The Development Excavation Renewal Permit
was completed on December 12, 2008.
On June 11, 2008, Quality Enterprises USA, Inc. submitted the final invoice and final project documentation (Phase
I of the Lake Project) for the contract and change order 1, bringing the total invoiced amount to $688,683.75. The
Clerk's Office paid all of the invoices and retainage based on the scope initially contracted under Phase I of the
Lake Project, as approved by the department. The USDA grant was fully expended.
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9/24/2013 16.K.5.
SUMMARY
The following audit observations were generated during the review:
1. The Purchasing Policy and Finance Requirements appear to have been circumvented by the department issuing
a "zero dollar change notification by letter" for "bartering" of $240,000 worth of additional services.
2. Change Orders appear to be outside of the original bid/contract scope and avoided the bid process.
3. Contractor appears to have completed development excavation (required for extracting materials) on an expired
permit.
4. It does not appear that a permit for Commercial Excavation (required to remove extracted materials from site)
was obtained and/or maintained.
5. It appears the department did not comply with grant assurances/conditions.
6. As- builts do not appear to meet the terms of the contract.
7. The potential for theft exists.
8. Lack of an Audit Trail
9. The County may have an unrecorded liability to the vendor.
It appears all Federal, State, or local regulations/requirements allow for the competitive purchase and/or sale of
airport fill dirt (excavated materials); however, grantor agencies should be notified and approve project changes for
grant funded projects. Compliance with Florida Statutes, BCC Ordinances, CCAA Resolutions, Purchasing Policy,
grant agreements/ assurances, permits, permitting requirements, contracts, and proper accounting is required.
County commodities/assets should be tracked, validated, controlled, monitored, reconciled, and safeguarded to
ensure theft and/or misappropriation of assets does not occur.
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• Interviews with County staff,
• Interviews with concerned citizen;
• Review and compile a timeline history for Phase I of the Lake Project;
• Collier County Property Appraiser Aerial Maps; and
• Contract Indebtedness Court Case 2012 -CA- 004345 — Quality Enterprises USA, Inc. versus Collier County
Airport Authority.
SCOPE LIMITATION AND EXPANSION
The scope of the audit was limited to review of the implications, regarding grant assurances, grant letter of
conditions, grant agreements, vendor contracts, vendor change orders, Collier County ordinances and resolutions,
excavation limitations, and accounting records relating to fill dirt from the Immokalee Regional Airport Phase I
Lake Project.
The audit scope was expanded to include a citizen concern for the construction of the aircraft apron expansion.
Additional review was completed for the source of funding for the aircraft apron expansion.
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9/24/2013 16.K.5.
On June 24, 2008, the BCC approved a budget amendment to increase the Airport Authority's Capital Fund in the
amount of $192,000 for the construction of an aircraft expansion project.
On August 1, 2008, change order 3 was approved and signed by the Purchasing Department and CCAA (also
approved by the BCC), increasing the scope of the contract for additional aircraft parking apron expansion with a
project cost increase of $182,451.88. Change order 3 states the total cost for the expansion of the aircraft apron will
exceed $1,000,000.
On September 21, 2009, change order 4 was approved and signed by the Purchasing Department and the Airport
Executive Director, increasing the scope of the contract to include the installation of South Florida Water
Management District ( SFWMD) permit required storm water structures and inspections with a project cost increase
of $46,745.00.
On October 23, 2009, change order 5 was approved and signed by the Purchasing Department and the Airport
Executive Director, increasing the scope of the contract to include paving for SFWMD required storm water
structures and FAA required testing with a project cost increase of $7,797.50.
Contract 07- 4129's total project cost increase was $476,994.38 for the additional scope of services regarding the
aircraft parking apron expansion. It does not appear that this construction was in the original bid or original contract
scope.
2008 Florida Statute 255.20 for local bids and contracts for public construction works states a county of the state
seeking to construct or improve public buildings, structures, or other public construction work must competitively
award to an appropriately licensed contractor each project that is estimated to cost more than $200,000.00.
It does not appear the expansion of the aircraft parking apron was put out to bid. The project cost of $476,994.38
was completed through multiple change orders to an unrelated project contract rather than through a separate
contract/bid solicitation process.
Recommendations:
• The department should ensure compliance with bid documents and contracts.
• The department should comply with applicable Florida Statutes.
Management Response:
Chris Curry: This issue occurred prior to my arrival to manage the Collier County Airports in September 2010.
The Airport Authority will comply with county policy related to bid documents and contracts. We will also
comply with Florida Statutes in the future.
3) Contractor appears to have completed development excavation (required for extracting
materials) on an expired permit.
On January 8, 2007, Community Development and Environmental Services Division (now Collier County Growth
Management Division) issued a Development Excavation Permit to the Collier County Airport Authority (CCAA)
for development excavation for the Phase I Lake Project. The development excavation permit expired on
January 7, 2008. The development excavation permit was renewed on December 12, 2008, 11 months after the
permit expired.
Quality Enterprises USA, Inc. submitted invoices for construction work completed on this portion of the project
through June 2008, indicating construction was not complete on January 7, 2008. It appears the contractor was
completing excavation on an expired permit.
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9/24/2013 16.K.5.
should have complied with BCC ordinances and permitting requirements. It is the goal of this current
management team to comply with BCC ordinances and permitting requirements.
5) It appears the department did not comply with grant assurances/conditions.
The United States Department of Agriculture Rural Development (USDA -RD) funded $450,000 of the Phase I Lake
Project through a Rural Business Enterprise Grant.
The USDA -RD grant conditions required "any changes in project cost, source of funds, scope of services, or any
other significant changes in the project or application must be approved by Rural Development (RD) by written
amendment."
The "zero dollar change notification by letter" changed the scope of services, increased the total project cost, and
provided an additional source of funding (fill dirt sale). It does not appear that the grantor was notified or provided a
written amendment to the grant.
The grantor required the grantee to provide evidence of compliance with all applicable Federal, State, or Local
requirements including permitting. The contractor completed excavation on an expired Development Excavation
Permit. The development excavation permit was renewed 11 months after the permit expired (Refer to Observation
3). It does not appear that a commercial excavation permit was obtained for removal/sale of fill dirt (Refer to
Observation 4).
The grantor allows for the sale of excavated material (real property) with a unit acquisition cost of less than $1,000
or for use of the real property for other activities without reimbursement to the Federal Government; however, when
the grantee sells property obtained from the grant (i.e. fill dirt from excavation paid for with grant funds), the
grantee must obtain the highest possible price through establishing sales procedures. It does not appear notice was
�-. provided to the public or additional vendors to determine whether $2 per cubic yard was the best price.
The USDA RD grant states any changes to the project not approved by RD shall be cause for discontinuing the
grant or for repayment of grant funds with interest.
Recommendations:
• The USDA should be notified of possible grant assurance/condition violations and all changes to the project. A
written waiver for changes to the project and waiver of violations should be obtained.
• Sale of the excavated material should be put out to bid to ensure the best possible price is obtained.
• Compliance with grant assurance/conditions is required for all projects paid for by grants.
• The department should comply with local permitting requirements.
Management Response:
Chris Curry: This issue occurred prior to my arrival to manage the Collier County Airports in September 2010. I
agree that the Airport Authority must comply with grant assurances and conditions requested by the regulatory
agencies. It is the goal of this current management team to comply with Grant Assurances and Conditions.
6) As- builts do not appear to meet the terms of the contract.
Contract 07 -4129 with Quality Enterprises, the construction contractor, required them to complete an as-built
survey as follows: "Contractor to provide pre- excavation and as -built survey of all excavated and fill areas, drainage
structures, by registered surveyors as required to determine quantities, conformance of the final earthwork with the
Drawings and certification of SFWMD."
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removed from the Immokalee Regional Airport, it remains an asset of the airport, which should be appropriately
tracked, monitored, controlled, and safeguarded.
An attachment to CCAA Resolution 08 -08 states that Quality Enterprises USA, Inc. will provide quality n
measurement and assurances for the fill dirt removed.. Records were not available when requested from the
Department. It does not appear that records were received by Airport Staff.
Airport Staff indicated they did not track the removal of fill dirt prior to August 2010. When Airport Staff began to
track the removal of fill dirt, logs were maintained in the main terminal and all prior removal totals were obtained
from the vendor and incorporated into the logs. The information contained in the log includes the date and the total
truck loads removed.
Airport Staff stated all truck loads removed were documented each day (at the main terminal) by the truck removing
them. Individual truck load removal tickets were not obtained by Airport Staff. The log maintained by the
department cannot be validated. The log does not include the name of the vendor removing truck loads, individual
truck tickets with the destination, the size of the truck load, or signature from person removing the fill dirt. It
appears the log has been maintained based on the "honor system" (vendors removing dirt will report what has been
removed).
On January 19, 2012, Airport Staff stopped Bluewater Underground from removing fill dirt from the project site and
notified Quality Enterprises USA, Inc. on January 20, 2012, via email, that fill dirt no longer would be allowed to be
removed from the project site. An individual truck load ticket was obtained for two truckloads (18 cubic yards each)
removed by Bluewater Underground. There is no contract or authorization for a vendor, other' than Quality
Enterprises USA, Inc., to remove fill dirt from the project site. A concerned citizen said they observed a minimum
of five truckloads being removed at this time. Airport Staff has no record of the additional three truckloads. The
potential for theft exists without proper monitoring and documentation of the fill dirt project site.
Airport Staff indicated they were unaware of the Airport's responsibility to manage access and safeguard fill dirt.
The fill dirt is a commodity /asset and is the responsibility of the department. Airport Staff should track, monitor,
control, and safeguard the asset to prevent theft or misappropriation.
It cannot be determined who has removed fill dirt from the project site, when fill dirt has been removed, or how
much fill dirt was removed. It is possible that theft of fill dirt has occurred. The potential for theft is present, as a
result of not properly tracking removal, monitoring, controlling, or safeguarding assets and/or commodities.
Recommendations:
• Assets should be tracked, monitored, controlled, and safeguarded to prevent theft or misappropriation of County
assets.
• Immediate action should be taken to secure the County asset.
• Airport Staff should validate and monitor removal of fill dirt at the time it is removed and maintain proper
supporting documentation.
• The department should complete reconciliation for commodities/assets on a yearly basis.
Management Response:
Thomas Vergo: This situation is not a frequent occurrence here at the Immokalee Regional Airport, however
staff will design a logging system utilizing the recommendations of the Auditor to make potential future
validations easier. In addition to utilizing closed circuit video surveillance, the Airport has installed a vehicle
security gate and associated concrete blockades as additional safeguards to prevent theft.
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' 9/24/2013 16.K.5.
Internal Audit Response:
Quality Enterprises lawsuit regarding this issue indicates more fill dirt was removed than shown on the
Airport's records. The lack of an appropriate tracking system can create conflicts.
9) The County may have an unrecorded liability to the vendor.
The CCAA (Resolution 08-08) contracted with Quality Enterprises USA, Inc. to complete additional work for a
total value of $240,000 in exchange for fill dirt. It appears the work has been completed, but Quality Enterprises did
not invoice the County. Quality Enterprises filed a lawsuit against the CCAA for payment of work completed in
December 2012.
Oualitv Enterprise Total Contract and Payments:
Initial Contract Amount = $588,683.75 Lake Project Phase 1
Change Order 1 = 100,000.00 Lake Project Phase 1
Change Order 2 = 240,000.00 Aircraft parking Apron Expansion
(120,000 cubic yards at $2.00 per cubic yard)
Change Order 3 = 182,451.88 Aircraft Parking Apron Expansion
Change Order 4 = 46,745.00 Aircraft Parking Apron Expansion
Change Order 5 = 7.797.50 Aircraft Parking Apron Expansion
Total Amount of Contract = $1,165,678.13
Cash Payments = (925,678.13)
Fill Dirt Removed = (43,352.00) - (21,676 cubic yards of excavated material at $2 per cubic yard)
for the Aircraft Parking Apron Expansion
Potential Liability = $196,648.00 - (or 98,324 cubic yards of excavated material)
Quality Enterprises USA, Inc. has been paid $969,030.13 for the completion of Phase I of the Lake Project
($688,683.75) and for the aircraft parking apron expansion ($280,346.38, including $43,352.00 exchanged in fill
dirt).
Recommendations:
• The County should determine the total amount of liability to the vendor.
• Contract close out should include an accounting for excavated materials.
Management Response:
Chris Curry: This issue occurred prior to my arrival to manage the Collier County Airports in September 2010.
agree with the recommendations stated above.
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